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A Look Back on Zubulake I, the Original Plaintiff eDiscovery Case
Beginning in 2002, an equity trader named Laura Zubulake filed suit against her former employer, UBS Warburg, for gender discrimination, failure to promote and retaliation. The potential for a large judgment was great, as damages would include lost wages and Zubulake made over $650,000 annually. The key evidence in this
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Did the Global Aerospace Order Ease the Fears of Plaintiffs?
The plaintiffs’ objections to the defendant’s use of predictive coding to cull their enormous ESI production was noted to be “not fully articulated” in the 2012 Virginia case Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040). Our last blog
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Plaintiff ESI Production Strategies are Necessary from the Beginning of the Case
The 2012 Virginia court opinion Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040) was no small discovery case. The physical amount of the ESI data was over 200 gigabytes (GB), or the equivalent of about two million pages if
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Do Plaintiffs Have the Right to Choose eDiscovery Production Methods?
More cases are coming down across the nation dealing with eDiscovery review methods, and a common theme has been to order computer-assisted document review (aka “predictive coding”) to make document review more efficient. Sometimes, this is beneficial for plaintiffs, such as our discussion of the National Day Laborer Organization, where
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Can Defendants be Trusted to Self-Collect their own ESI Productions?
This week our blog has been discussing U.S. District Judge Shira A. Scheindlin’s opinion in National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012), which raises the question of whether defendant custodians can be
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Does the Future of Plaintiff ESI Production Include Facebook?
A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery
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D.C. Bar Green Lights eDiscovery Services in Ethics Opinion
The production of electronically stored information (ESI) in litigation has boomed in the last decade, mainly due to the slow but steady global switch from paper documentation to electronic data. As ESI is now part of almost every class action lawsuit and multidistrict litigation case, the courts and bar associations
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Plaintiff Programmatic Issue Coding: The Scalpel of Document Review Tools
Anyone who keeps up with eDiscovery rules and law knows that a district court has affirmed U.S. Magistrate Judge Andrew J. Peck’s judicial order in Monique Da Silva Moore v. MSL Group, No. 11 Civ. 1279 (ALC)(AJP) (S.D.N.Y. 2012). In the case, Magistrate Judge Peck pronounced, “Computer assisted review is
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Does the Duty to Preserve Electronic Documents Arise Earlier for Plaintiffs?
Every plaintiff and defendant has a duty to preserve evidence, and this duty arises even before litigation commences. The flexible legal standard for when this duty begins is when the litigation is “reasonably foreseeable.” Although plaintiffs in a lawsuit are reacting to a harm or injury inflicted upon them, they
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Supreme Court’s Differing Interpretations of “Interpreter”
Recently, the U.S. Supreme Court issued its opinion in Taniguchi v. Kan Pacific Saipan, Ltd., 566 U. S. ____ (2012). Taniguchi had brought a personal injury claim against the defendant in a federal district court in the Marina Islands. As part of discovery, defendant Kan Pacific paid for the written